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HomeMy WebLinkAboutFAIRVIEW EIGHTH - Filed OA-OTHER AGREEMENTS - 2003-10-23MEMORANDUM OF AGREEMENT THIS A.GREEMFNT, made and entered into this 8th day of July A. D. 19 63 , by and bewtween THE CITY OF FORT COLLINS, a manic:ipal corporation, hereinafter designated as first party, and Bartran Homes, Inc. Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be knot,-i as The Eighth Fairview Subdivision For approval by the MLxicipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREAS, slid subdivision plat is acceptable to first party and first p•- ty's Planning and Zoning Board, subject to construction of utilities La the area to bs subs.-'Vided, N'Rd, THEPEFORE, in consideration of the premises and the terms of this agrooment, it is mutually agreed as follows: 1. First party agrees that said subdivision plat shall be, and the sxn3 is hereby approved. 2. 7n consideration of the approval of said plat by first party, ar_d first partyts PlannS.n.Q and Zoning Board, second party agrees as follows: (A) To submit to firs*, party the following detailed improvement plans, acceptable to the first party: (1) A plan of the proposed water distribution system including the connecting pipeline,-, to the points of connection to the first party's Existing water distribution system and showing all va.':ves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system inclu-,ing all manholes and connections to the first party's and includ ag all storm sewer inlets and manholes. (Ei) Items A (1) to A (5) inclusive are to be financed by the party of the second part, excepting only Item (3) electrical distribution s s'bca. A11 material required for street lights are to be paid for by the party of t:ze second part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger water mains, s<;:::itary sewer mains or storm sewer mains to be constructed within the subd:i-rision than would be required by standard engineering p:aoticcs to sorve the subdivision, in order to properly extend these services to other areas, the City of Fort Collins will pay a portion of the cost of suc'!i enlarged facility based on proration of the cost of the fa,�il..ty actually constructed and the estimated cost of such facility as riv.r;:m cn the subdividerls approved plan. Such proration of costs between 6—D Cit of Fort Collins and the subdivider shall be determined in advance of cer_^tsuction by the City Engineer and in the event of any dispute this ._:all be: submitted to the City Council for final determination. rQ WITNESS WHEREOF, first party has caused these presents to be ci€;ro-3 by its Mayor and its corporate peal to be heret, ^.f` attest by i a C= -'.y Cic^rk, pursuant to motion of the Council of the City of Fcrt Cc=1=:3 dated the 6th day of June A. D., 19 63 , and second party has hereto set his hand and seal the day a:d yea^ first hereinabove written. THE CITY OF FORT COIMS. A Municipal Corporation By[h mayor First Party ATTEST: